Marketer Act and Smart Client
2019年4月8日Today’s topic, as is often the case, we owe it to our colleague. let’s analyze the case and think together about how to be?
So...
There is a situation - a company operating in the real estate market (builds private houses).
And recently it has become very common to encounter such a situation: The client orders an object (let’s say the foundation), indicates a period of 30 days, draws up an agreement with him, in which this period is indicated. Next, the object is erected (say, 25 days), and when they give an act of acceptance of work, the client simply refuses to sign ("lost", "says that he did not consider everything, and he does not have time to accept", etc.). In the end, after the 30th day of delay begins, after which the client goes to court.
Is everything understood? Immediately it is worth noting that the question is actually set at the address - it is within the competence of the merchant marketer. If you ask him a lawyer, you may get a different answer.
0. Hire a full-time lawyer. A shaft of customers running from you is not normal for any market conditions or other external negative conditions. Most likely you have:
obvious errors in the contract for the execution of works,
not the ability to formulate claims;
not the ability to work with customer complaints.
Correct yourself!
1. First you need to:
clearly understand the motivation that drives the client when he does not sign the certificate of completion;
you need to talk with the customer ONLY as a partner, friend or idiot - there should be no “download rights” at any stage of communication with him, even if you feel your absolute right and legitimacy of your requirements. Remember, that:
social networks, even after settling a dispute and satisfying the rights of all parties, are capable of slandering the most obvious situation and spreading this lie around the world.
2. If the work is done well and there can be no complaints about the quality of the work, and the client only wants to postpone the fulfillment of his financial obligations under the contract as much as possible - this is one thing. If shortcomings and frank marriage is another, but in any case, this is not a reason for refusing to sign the act of completed work. Clause 4 of Article 753 of the Civil Code of the Russian Federation. "Surrender and acceptance of work" states:
The delivery of the result of the work by the contractor and its acceptance by the customer are made out by an act signed by both parties. If one of the parties refuses to sign the act, a note is made about it and the act is signed by the other party. A unilateral act of delivery or acceptance of the result of the work may be recognized by the court as invalid only if the reasons for refusing to sign the act are deemed justified by it.
3. If the reason is financial problems of the client, then suggest that he sign an additional agreement on deferment of payment for the current contract for the performance of work, however, and this will certainly be indicated in this agreement, provided that he signs the acts of the work performed. https://evanmurray.diarynote.jp/201901241845354722/
4. The customer can "pull" with the actuation of the work, assuming that you invite an independent expert for external third-party audit - this is common practice and this is his business! Receive confirmation from the customer about this, but warn him also about what was said in paragraph 2 above in the format of paragraph 7
5. If the reason is not established, and the customer is “on the run,” send to the customer’s addresses (from the passport and the one he indicated as a contact mailing address) in writing on the letterhead of the legal entity specified in the contract agreement completion of work and the requirement to take on the act of work. To your request, in the same envelope, enclose a completed and signed act of acceptance of works (for example, in the form of COP-2). In the letter, specify the deadline for a response.
6. After the expiration of the deadline provided in the previous letter, send to the same addresses the invoice for payment of work, a copy of the unilaterally signed act and a claim demanding payment for the work performed within a specific period.
7. Unnecessarily, probably to warn that all letters should be sent to the customer only by the Post, with a notification of delivery ..., unnecessarily, but I warn you!
8. A unilateral act of delivery or acceptance of the result of construction or other work can be recognized by the court as invalid ONLY if the motivator for the refusal to sign the act is justified by the court. Well, for example:
the customer went to the hospital;
went abroad (notifying you of the impossibility of activating, naturally);
when you yourself, in the customer’s opinion, declined to sign the act (he came at the appointed time to the place specified by the contract, waited, waited ... 10 seconds and left, and there is a confirmation).
your actions or inactions did not allow the customer to accept work, for example, access to the work site is limited (dirt, no electricity, access is blocked, there is no red carpet and orchestra, etc.) unless you specify in the contract that this is not a problem that you do not have to solve for the customer;
force majeure did not allow the customer to accept the work;
construction and operational standards that prohibit access to the work site for weather, climate and so on. conditions;
actions and orders of law enforcement and control and supervisory authorities that impede access to the work site https://voticle.com/a/articles/22196/how-affiliate-marketers-help-the-sellers
9. The act is signed even if you hand over the work with the deficiencies. The customer can meticulously list all your mistakes in the act. He can also confine himself to a phrase that takes work with subquality work and requires their elimination. By signing the act with you, he can:
sign an additional corrective agreement with you;
go to court and defend in court your right to withhold the full or partial amount of the contract from you, depending on the value of the work you have not completed;
require you to rectify deficiencies through court;
to try through the court, in addition to the cost of work not done, to recover from you the amount of damage;
In any case, the act is a mutually beneficial tool. Carry this fact to your customer - not all of them are well versed in civil law.
10. Any inaccuracies in the contract, your deviations from the procedures for activating, notifying and signing the act, inaccuracies in the terms MUST be considered by the court in favor of a private person of an honest citizen. http://www.gta-five-forum.com/blog-e85908-How-do-Affiliate-Companies-Lose-Marketing-Competition.html
11. To exclude customer’s nagging about the quality of work:
specify yourself in the contract that the work will be taken by a specific independent expert, whose opinion both parties agree on - exclude the subjective opinion of a non-specialist, who is the customer;
Write down as much as possible in the application what it means: high-quality work;
state the scatter, tolerances, maximum deviations, methods of their measurements and tools used for testing;
specify with a long list what is not specifically a marriage (cosmetic defects, elements that do not affect functionality, applied bypass technologies, other than the customer fantasizes: color, geometry, smell, etc.);
make it clear that you exclude the influence, opinion, action or inaction of third parties not provided for by the contract. Write! Even if “this is already clear to everyone” - this will not allow the customer to “fantasize” at the moment of activating the work;
Do not be afraid to specify everything. Let even the customer exclude something or much from the contract before signing.
If your customer signs all of this, he will not get anywhere from signing an act of completed work. If, frightened, the contract does not sign at all and leaves, then it means that he is deliberately smart-ass * and it’s good, if he leaves - your competitor, who this customer, like a woodpecker, keeps his head, brain, and as a result, still does not pay .
So...
There is a situation - a company operating in the real estate market (builds private houses).
And recently it has become very common to encounter such a situation: The client orders an object (let’s say the foundation), indicates a period of 30 days, draws up an agreement with him, in which this period is indicated. Next, the object is erected (say, 25 days), and when they give an act of acceptance of work, the client simply refuses to sign ("lost", "says that he did not consider everything, and he does not have time to accept", etc.). In the end, after the 30th day of delay begins, after which the client goes to court.
Is everything understood? Immediately it is worth noting that the question is actually set at the address - it is within the competence of the merchant marketer. If you ask him a lawyer, you may get a different answer.
0. Hire a full-time lawyer. A shaft of customers running from you is not normal for any market conditions or other external negative conditions. Most likely you have:
obvious errors in the contract for the execution of works,
not the ability to formulate claims;
not the ability to work with customer complaints.
Correct yourself!
1. First you need to:
clearly understand the motivation that drives the client when he does not sign the certificate of completion;
you need to talk with the customer ONLY as a partner, friend or idiot - there should be no “download rights” at any stage of communication with him, even if you feel your absolute right and legitimacy of your requirements. Remember, that:
social networks, even after settling a dispute and satisfying the rights of all parties, are capable of slandering the most obvious situation and spreading this lie around the world.
2. If the work is done well and there can be no complaints about the quality of the work, and the client only wants to postpone the fulfillment of his financial obligations under the contract as much as possible - this is one thing. If shortcomings and frank marriage is another, but in any case, this is not a reason for refusing to sign the act of completed work. Clause 4 of Article 753 of the Civil Code of the Russian Federation. "Surrender and acceptance of work" states:
The delivery of the result of the work by the contractor and its acceptance by the customer are made out by an act signed by both parties. If one of the parties refuses to sign the act, a note is made about it and the act is signed by the other party. A unilateral act of delivery or acceptance of the result of the work may be recognized by the court as invalid only if the reasons for refusing to sign the act are deemed justified by it.
3. If the reason is financial problems of the client, then suggest that he sign an additional agreement on deferment of payment for the current contract for the performance of work, however, and this will certainly be indicated in this agreement, provided that he signs the acts of the work performed. https://evanmurray.diarynote.jp/201901241845354722/
4. The customer can "pull" with the actuation of the work, assuming that you invite an independent expert for external third-party audit - this is common practice and this is his business! Receive confirmation from the customer about this, but warn him also about what was said in paragraph 2 above in the format of paragraph 7
5. If the reason is not established, and the customer is “on the run,” send to the customer’s addresses (from the passport and the one he indicated as a contact mailing address) in writing on the letterhead of the legal entity specified in the contract agreement completion of work and the requirement to take on the act of work. To your request, in the same envelope, enclose a completed and signed act of acceptance of works (for example, in the form of COP-2). In the letter, specify the deadline for a response.
6. After the expiration of the deadline provided in the previous letter, send to the same addresses the invoice for payment of work, a copy of the unilaterally signed act and a claim demanding payment for the work performed within a specific period.
7. Unnecessarily, probably to warn that all letters should be sent to the customer only by the Post, with a notification of delivery ..., unnecessarily, but I warn you!
8. A unilateral act of delivery or acceptance of the result of construction or other work can be recognized by the court as invalid ONLY if the motivator for the refusal to sign the act is justified by the court. Well, for example:
the customer went to the hospital;
went abroad (notifying you of the impossibility of activating, naturally);
when you yourself, in the customer’s opinion, declined to sign the act (he came at the appointed time to the place specified by the contract, waited, waited ... 10 seconds and left, and there is a confirmation).
your actions or inactions did not allow the customer to accept work, for example, access to the work site is limited (dirt, no electricity, access is blocked, there is no red carpet and orchestra, etc.) unless you specify in the contract that this is not a problem that you do not have to solve for the customer;
force majeure did not allow the customer to accept the work;
construction and operational standards that prohibit access to the work site for weather, climate and so on. conditions;
actions and orders of law enforcement and control and supervisory authorities that impede access to the work site https://voticle.com/a/articles/22196/how-affiliate-marketers-help-the-sellers
9. The act is signed even if you hand over the work with the deficiencies. The customer can meticulously list all your mistakes in the act. He can also confine himself to a phrase that takes work with subquality work and requires their elimination. By signing the act with you, he can:
sign an additional corrective agreement with you;
go to court and defend in court your right to withhold the full or partial amount of the contract from you, depending on the value of the work you have not completed;
require you to rectify deficiencies through court;
to try through the court, in addition to the cost of work not done, to recover from you the amount of damage;
In any case, the act is a mutually beneficial tool. Carry this fact to your customer - not all of them are well versed in civil law.
10. Any inaccuracies in the contract, your deviations from the procedures for activating, notifying and signing the act, inaccuracies in the terms MUST be considered by the court in favor of a private person of an honest citizen. http://www.gta-five-forum.com/blog-e85908-How-do-Affiliate-Companies-Lose-Marketing-Competition.html
11. To exclude customer’s nagging about the quality of work:
specify yourself in the contract that the work will be taken by a specific independent expert, whose opinion both parties agree on - exclude the subjective opinion of a non-specialist, who is the customer;
Write down as much as possible in the application what it means: high-quality work;
state the scatter, tolerances, maximum deviations, methods of their measurements and tools used for testing;
specify with a long list what is not specifically a marriage (cosmetic defects, elements that do not affect functionality, applied bypass technologies, other than the customer fantasizes: color, geometry, smell, etc.);
make it clear that you exclude the influence, opinion, action or inaction of third parties not provided for by the contract. Write! Even if “this is already clear to everyone” - this will not allow the customer to “fantasize” at the moment of activating the work;
Do not be afraid to specify everything. Let even the customer exclude something or much from the contract before signing.
If your customer signs all of this, he will not get anywhere from signing an act of completed work. If, frightened, the contract does not sign at all and leaves, then it means that he is deliberately smart-ass * and it’s good, if he leaves - your competitor, who this customer, like a woodpecker, keeps his head, brain, and as a result, still does not pay .
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